Law Review: Panorama looks at abuses by the British Army – Supreme Court fate still ‘under review’

Last night I watched an extraordinary film from BBC’s Panorama. I found the film shocking – for if the allegations are proven, our Army has not complied with the Geneva Convention, our soldiers have betrayed the country in a misguided sense of loyalty to regiment, and senior officers and leading politicians have colluded in this. I am not talking about the heat of battle. This Panorama film covers the torture of unarmed hooded prisoners.

We are asked to support our troops and this we do willingly, despite whatever misgivings we may have had about the political decisions. Those few, in our armed services, when proven to have broken the rules, when proven to have killed or tortured, are not deserving of support through cover up and should be prosecuted. the Rule of Law applies just as much to the military as the civilian – unless, of course, you wish to take the view that in war there should be absolutely no rules at all.

The BBC reports: “In two separate inquiries, the British Army stands accused of committing war crimes in Iraq, and ex-Defence Minsters are now being called to account. With the MOD and the military justice system tainted by allegations that soldiers have got away with torture and murder, Paul Kenyon asks if the British army can really be trusted to police itself.”

It would seem that soldiers who suffered from collective regimental amnesia during the original investigation are now coming forward with what may just be the truth after being promised immunity. It is a pity that they were not brave enough to do so without such a promise.

Legal Aid – A Pyrrhic Victory?

The High Court has declared the LSC process contracting round to be irrational. Those without family contracts breathe a collective sigh of relief. Many celebrate and within days the gloom will gather again. Why? Firstly, the spending review is likely to lead to dramatic cuts in the actual levels of family aid and Article 6 challenges aside the Profession won’t be able to do much about it.

Being a college or university student can be a very exciting but stressful time, not least when you are waiting with anticipation to get your degree result. Most people accept what they have been given and move on to the next chapter of their lives. However, Queen’s University Belfast recent graduate Andrew Croskery is an exception to the general rule. In a first of its kind action, Mr Croskery has applied for a judicial review of the 2:2 degree classification he received

“In five years’ time, it is quite likely that the Supreme Court will look more interventionist,” says Lord Goldsmith, a former attorney-general. Philippe Sands, a barrister who also teaches at University College London, agrees this is the likely evolution over time, but sees a countervailing cycle at work in the next few years. Courts tend to intervene more, he thinks, when Parliament is weak and the executive strong, because the legislature is unable or unwilling to hold the government to account. Now that Parliament is rediscovering its teeth in the face of a coalition government, the judges may be relatively restrained.

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6 Responses

I don’t condone what is alleged to have happened, but I can understand it. We’re fighting people that have no respect for the Geneva Convention. They don’t wear uniforms and are indistinguishable from non-combatants.

‘It would seem that soldiers who suffered from collective regimental amnesia during the original investigation are now coming forward with what may just be the truth after being promised immunity. It is a pity that they were not brave enough to do so without such a promise.’

would you have done that, charon? maybe you would, but i don’t think i would have. let’s not blame the foot-soldiers; as ever, they are the pawns, the victims of the state. they get shot at and when things like this happen, they take the rap. has there ever been a senior officer who has been implicated? no??? really? but aren’t they supposed to be in charge?
ah yes, i see – it was just the rank and file acting independently. well charon, you know the score better than i do. can that happen? is it likely?

and legally, in the light of lister v hesely hall can the top brass escape responsibility for this? yeah they can, because they can do what the fuck they like. bollocks to the law and the rule thereof… still, at least we have a few of the foot-soldiers to take the rap. ’round up the usual suspects’.

I understand the point you are making – it is always easy to comment from the warmth of a desk.

I am told that it is not ‘systemic’. But what do we know… we aren’t in the armed services – but does that stop us from commenting about the situation? No. Nor does it stop us from commenting about the situation which puts men in this position?

As I said in my brief observation – perhaps we shouldn’t have any rules at all when it comes to war and terrorism? Is that what we really want?

SW – I am advised that there are few in the armed services who would not agree with that sentiment…… it must be done according to the rules….. and sometimes, I am advised, that puts armed forces in great danger and they have to cope with it. That is the courage, the bravery?

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